Our Law Services

What to Expect

If you consult Weir Bowen LLP about a potential medical malpractice or product liability action, your case will be assessed individually. In general, this is how we assess and prosecute Medical Malpractice actions:

A member of our medical malpractice group (or the entire group) will decide whether we will agree to investigate the potential action. This decision will be made on the basis of a preliminary assessment of the probability of recovering compensation, either by settlement or judgment, the possible amount of compensation that could be recovered and the anticipated amount of the expenses that would be incurred to investigate and prosecute the action. We will also consider the willingness and ability of the client to pay those expenses.

In cases where the client does not have the ability to pay the anticipated amount of the expenses that would be incurred to investigate and prosecute the action, we may consider paying those expenses (depending on the probability of obtaining a judgment awarding damages to the plaintiff and the possible amount of those damages).

If we decide to investigate the potential action, we will enter into a contingency fee agreement with the client; and then proceed to obtain the medical records and endeavour to obtain the medical opinions required to investigate the action (assuming that the client has agreed to pay the expenses of doing so on terms that are acceptable to us, or we have agreed to pay those expenses).

On the basis of the medical records and opinions we obtain, we will provide our opinion as to whether or not the probability of obtaining judgment awarding damages to the client and the possible amount of those damages justify incurring the expenses of commencing the action and proceeding to questioning for discovery. If so, we will proceed to questioning for discovery — assuming that the client has agreed to pay the expenses of doing so on terms acceptable to us, or we have agreed to pay those expenses.

After questioning for discovery of the defendant(s), and again after service of the statements of experts who will be called to testify for the defendant(s), we will provide our opinion as to whether or not the probability of obtaining a judgment awarding damages to the client and the possible amount of those damages, justify incurring the expenses of proceeding to trial and the risk of an award of costs against the client if the action is dismissed. If so, we will proceed to trial (assuming that the client has agreed to pay the expenses of doing so on terms acceptable to us, or we have agreed to pay those expenses) but only if the client understands and accepts the risks of an award of costs if the action is dismissed.

On the instructions of the client, we will endeavour to obtain a fair settlement of the action by negotiation, mediation or judicial dispute resolution if there is an opportunity to do so.